7 Jan 2021
AH FAT JEAN MAX v. XIAN CORP LTD
- Citation
- [2021] HKCFI 22
- Court
- Court of First Instance
- Case number
- HCLA11/2019
The Court upheld the Presiding Officer's interpretation that the Annual Commission Clause entitled the appellant to 10% of net profit attributable to his own profit centres; the US$50,000 and US$40,000 payments were interim payments accepted by the appellant and, by the parties' conduct, precluded reliance on the No Oral Modification Clause (waiver/estoppel); the housing allowance was provided in kind and varied by conduct and lapsed on termination; the appellant failed to prove entitlement to the claimed annual leave; accordingly the appeal was dismissed and costs awarded to the respondent.